A federal appeals court Wednesday ordered a lower court review of Biden administration revisions to a program preventing the deportation of hundreds of thousands of immigrants brought into the United States as children.
NEW ORLEANS — A federal appeals court Wednesday ordered a lower court review of Biden administration revisions to a program preventing the deportation ofThe 5th U.S. Circuit Court of Appeals said a federal district judge in Texas should take another look at the program following the. The ruling leaves the future of Deferred Action for Childhood Arrivals up in the air, with current DACA recipients protected — for now — but new applicants barred.
DACA was adopted by former President Barack Obama’s administration and has had a complicated ride through federal court challenges.. He found that the program had not been subjected to public notice and comment periods required under the federal Administrative Procedures Act. But he left the program temporarily intact for those already benefiting from it, pending the appeal.
Wednesday’s ruling by three judges of the New Orleans-based 5th Circuit upholds the judge’s initial finding. But it sends the case back to him for a look at a new version of the rule issued by the Biden administration in late August. The new rule takes effect Oct. 31.“A district court is in the best position to review the administrative record in the rulemaking proceeding,” said the opinion by Chief 5th Circuit Judge Priscilla Richman, nominated to the court by President George W. Bush.
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